The Right to a Healthy Environment and Climate Litigation: A Game Changer?

Abstract

First Paragraph: In October 2021, the United Nations (UN) Human Rights Council adopted a resolution recognizing ‘the right to a clean, healthy and sustainable environment’ as a ‘human right that is important for the enjoyment of human rights.’ In July 2022, the UN General Assembly (UNGA) also adopted a resolution recognizing the same right (hereinafter referred to as a ‘right to a healthy environment’). While formally not legally binding, these resolutions are the culmination of a lengthy diplomatic process, following three decades of debate on the comparative utility of the explicit recognition of the right to a healthy environment vis-a-vis the so-called ‘greening’ of existing human rights.